Mahesh Chandra Sharma, J. - (1.) This revision petition has been filed against the order dated 9.7.2013 passed by learned Addl. Chief Judicial Magistrate No. 1 ?war in case no. 536/2012 whereby he has dismissed the application of the petitioner filed under Section 70(2) Cr.RC.
(2.) Learned counsel for the petitioner has contended that the petitioner is a lady, matter relates to offence under Section 138 of Negotiable Instrument Act, and she is not an habitual offender. It has also been contended that the petitioner could not appear in the court due to misunderstanding between her and counsel, hence non-bailable warrant issued against her may be converted into bailable warrant. Learned Public Prosecutor has opposed the same.
(3.) Looking to the facts & circumstances of the case, and the fact that the petitioner is a lady, she is not an habitual offender, and she could not appear in the court on the fixed date due to misunderstanding between her and counsel, I am of the consider, , view that this revision petition deserves to be disposed of.;